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Asbestos Defense Litigation

Asbestos cases require careful investigation of the victim's work history, identifying asbestos products and finding potential defendants. This could involve obtaining information from relatives, coworkers or abatement workers and analyzing records and materials.

Cetrulo LLP has served as national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to develop consistent, cost effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a wide range of building materials, such as cement products, paints and floor tiles. It is also present in artex, adhesives, doors, insulation, and adhesives. It is very difficult to determine whether or not a material contains asbestos from its appearance alone. A professional environmental surveyor can conduct an inspection to determine whether the material is contaminated with asbestos.

Asbestos fibres are thin and light, so they can travel for a long distance, even through closed doors and windows. When they reach the lungs, they can cause the development of serious health conditions. Asbestos is dangerous if it is damaged and releases harmful fibres into the air. It is very important to not remove or disturb building materials unless they have been properly labeled and supported by an inspection.

Due to the long latency between asbestos exposure and disease It is extremely difficult to obtain relevant evidence in an asbestos lawsuit. Additionally there are significant concerns regarding the admissibility of experts from plaintiffs and their testimony regarding the causal link between asbestos exposure and the onset of disease.

In these types of situations asbestos defense lawyers can often successfully argue for summary judgments due to the absence of a factual foundation. Imagine, for example, that plaintiff Paul was in an accident involving multiple vehicles in New York City. He doesn't know the date, time the cars involved, or any other information that could be used to support a conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with experience in this field should be consulted. They will go through all facts and documents, including expert reports to determine if a summary judgment is the best solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients with this procedure. Asbestos firms that practice nationwide can also assist their clients with filing their claims in the most appropriate jurisdiction. This could include the State of New York or a federal court located in New York City.

Asbestos Disease Identification

Although asbestos is not extracted or processed in the United States, it still is present in many buildings and products that were made prior to 1989. As these products degrade, they release tiny fibers into the air that can be breathed in by those in the vicinity. These fibers can cause several kinds of lung diseases.

Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue and a shortness of breath. These symptoms may not appear for a long time after an asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes cancers of the lung larynx, ovaries and larynx. It can also cause mesothelioma, a type of cancer that develops in the interior of body cavities, like those in the stomach, the heart and the tests. Mesothelioma is difficult to recognize because it has a latent period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

Those who have been exposed to asbestos or who have been exposed to significant environmental factors are at greatest risk of developing asbestos-related diseases. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties as well as chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos law and litigation-related disease by reviewing the person's medical background, work history, and family history. X-rays and CT scans can help confirm an asbestos-related illness. Patients suffering from asbestosis are advised to undergo a yearly lung function test. This test will allow them to monitor their condition. This test can detect the progression of asbestosis and detect other health issues that may be a result of this disease. Patients suffering from asbestosis should also receive regular vaccinations to prevent the onset of other respiratory illnesses, such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and assistance.

Asbestos Database Development

Asbestos is comprised of fibrous minerals. It was extensively used in the construction and industry because of its durability, fire retardant and corrosion resistance properties. Inhaling asbestos particles, however, can lead to a variety of medical problems including mesothelioma (a lung cancer and other organs) as well as chronic lung diseases, and other neurological dysfunctions. These diseases can take 30 years or more to appear.

Many asbestos cases involve multiple defendants and require complex discovery that is often complicated due to a lack of identification of the proper asbestos products involved in each case. The ability to determine the exact type of asbestos in an asbestos case requires the assistance of forensic experts, as well as the use of a variety of investigative tools and methods, such as interviews with former co-workers and other witnesses as well as subpoenaing work order invoices, delivery documents and other documents from employers, and taking samples from both workplaces and homes. It is also necessary to determine the kind of asbestos litigation cases, if it's amosite or crysotile, Asbestos Defense Litigation or crocidolite.

We have extensive experience defending asbestos-related companies including distributors, manufacturers suppliers, contractors, and contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for numerous clients in asbestos litigation. We have represented clients in multiple jurisdictions across the country. We are also Defense liaison counsel for various asbestos dockets in these states, where we oversee the regional and local attorneys to ensure consistency and effective defense strategies as well as outcomes.

Our national approach in managing asbestos defense has proven to be effective. In numerous instances it has reduced legal costs by millions of dollars when compared to the amount companies pay to other companies. Courts across the country have recognized this unique and aggressive approach in managing asbestos cases.

We also have defended mass toxic tort suits brought against manufacturers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on the claim that exposure to these substances can cause diseases like restrictive and obstructive lung conditions, occupational asthma, cancers of different types, and other neurological conditions.

Medical Expert Witnesses

Expert witnesses from medical experts are crucial in asbestos cases, primarily because the signs of exposure to asbestos are easily confused with other ailments like emphysema, or other forms of lung cancer. It is important for attorneys to have access to experts in these fields to help distinguish the various diseases and to show how each disease is caused by different kinds of exposures.

Often, the best evidence for this is in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are often available to review. To make the most of this information, Asbestos Defense Litigation medical experts are required to sort through the data, and provide their opinion on the probabilities, causes, and other issues.

The medical experts involved in asbestos cases are generally very well-known and have testified in dozens or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes the jury. These doctors have a lot of experience when it comes to preparing to be witnesses, and they know how to respond to questions from defendants and how to present their findings to the court.

It is essential that both medical and scientific experts present their opinions on the various causes of asbestos-related diseases. It is not enough to prove that the victim suffers from mesothelioma; it must be shown how asbestos exposure exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.

Expert witness fees can be much of the overall costs associated with an asbestos case. Therefore, it is crucial that a defense attorney be adept at identifying and hire the best expert witness for a particular case.

We represent manufacturers, material suppliers distributors, and property owners in asbestos cases before state and federal courts across the United States. Our team of dedicated and experienced attorneys are well-versed both defensively and offensively in asbestos exposure litigation litigation. Contact us today to learn what is asbestos litigation we can do to assist you.